Journal headings
"Legal sciences"
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Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-46-54
Keywords: proceedings in the case of an administrative offense, evidence, control and supervisory measures, control and supervisory actions
Annotation: The issues of applying the provisions of the Code of Administrative Offences of the Russian Federation, re- garding the use of the results of activities for the implementation of state control (supervision) and municipal control and the initiation of proceedings on an administrative offense, are increasingly becoming the subject of numerous discussions and publications. Within the framework of this article, the authors analyze individual control and supervisory measures and control and supervisory actions, through which officials of control and supervisory authorities receive and record evidence of violations of mandatory requirements in control and supervisory activities, and their subsequent possibility for use as evidence in cases of administrative offenses. It is concluded that strict compliance with the requirements of legality serves as a guarantee of recognition of the actions and decisions of officials of control and supervisory authorities as legitimate, and the results of control and supervisory measures and control and supervisory actions as appropriate evidence in the proceedings on an administrative offense.
FEATURES OF THE SEIZURE OF AGRICULTURAL LAND IN CASE OF IMPROPER USE OF LAND
Release: 2024-1 (41)
DOI: 10.21777/2587-9472-2024-1-47-51
Keywords: seizure of land, agricultural land, improper use of land
Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when agricultural land is seized in case of improper use of land. The purpose of the study is to study a number of features of the seizure of agricultural land in case of improper use of land that require legislative regulation. Particular attention is paid to the problems of legislative application in the process of seizure of these land plots. The article analyzes the regulatory framework governing the procedure for termination of rights to land plots, as well as the exercise of the powers of state land supervision in this area of activity. Some features that have negative consequences both for agricultural land and for the owners of these plots were studied. Recommenda- tions and possible ways of resolving the existing problematic situations are given, namely, amendments to the regulation of the term and procedure for the seizure of agricultural land in case of improper use of land. The article uses the formal legal method, general scientific methods of cognition.
PRODUCTION AND CONSUMPTION WASTE AS AN OBJECT OF ENVIRONMENTAL AND CIVIL LEGAL RELATIONS
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-51-58
Keywords: Civil Code; production and consumption waste; ownership; disposal; burial; legal relationship; environmental legislation
Annotation: The object of the study is social relations arising in the field of waste management of production and consump- tion as objects of environmental and civil relations. The purpose of the article is to investigate and clarify the scope of the norms of environmental and civil legislation in relation to the field of waste management of produc- tion and consumption. During the research, the dialectical method of scientific cognition was used, as well as a number of private scientific methods: logical, system analysis, etc. The authors of the article consider the issues of ownership of production and consumption waste, as well as contracts in force in the field of waste manage- ment; analyze the norms of environmental and civil law governing such relations. In practical terms, the problem of the obligation to conclude a contract for the provision of solid municipal waste management services with a regional operator is investigated. The absence of negative legal consequences for owners of non-residential premises who evade the conclusion of such a contract has been revealed, and liability measures are proposed to correct this situation. The analysis of the reasons for the inefficiency of environmental legislation in the field of handling certain categories of waste is carried out, recommendations are made on making a number of changes to environmental legislation. In the text of the article, the Russian Federation is abbreviated as RF.
ISSUES OF LEGAL REGULATION OF THE QUALITY OF EDUCATION AND THE ORGANIZATION OF ITS ASSESSMENT AT THE PRESENT STAGE
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-51-58
Keywords: assessment of the quality of education, legal regulation, control and supervisory measures, accreditation indica- tors, accreditation expertise, diagnostic work, expert assessment
Annotation: The article reveals the features of the modern procedure of state regulation of the quality of education in educational institutions in the Russian Federation, in particular within the framework of state accreditation for higher education programs. The article presents the author’s assessments and conclusions based on the analysis of regulatory acts, scientific publications of recent years and the understanding of the experience of expert activity. Special attention is paid to the issue of the correlation between the content of accreditation indicators for higher education, as ap- proved by the regulatory body for the education system, and the legally defined definition of the quality of educa- tion. The mechanism of organizing and conducting diagnostic work, which is currently a key tool for assessing the quality of education, is considered in detail. The advantages of the applied procedure for assessing the quality of training of students are determined, as well as the main disadvantages of the mechanism for conducting diagnostic work at the present time are formulated, which, according to the authors, are primarily associated with insufficient detail of rules and procedures. It is required to develop and approve a number of legal and regulatory documents regulating the procedure for evaluating the results of mastering an educational program when conducting quality control of education by the system regulator. In the text of the article, the Russian Federation is abbreviated as RF.
THE CONCILIARITY OF SOCIETY AND SYMPHONY OF AUTHORITIES IN RUSSIA: TRADITIONALITY, RELEVANCE, INNOVATION
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-55-59
Keywords: state, law, state and public power, symphony of authorities, conciliarity, historical experience, religious traditions
Annotation: The article is devoted to understanding the transformation of the historical concept of the symphony of powers and the religious tradition of conciliarity of society. The successful application of these concepts and traditions is predicted in the reconstruction of their essence (but not forms) as the idea of harmonious cooperation of au- thorities for the sake of the common good, as well as popular unity in the organization of modern civil society and public authority. The basis of such reconstruction is seen to be traditional values and the achievements of scientific and technological progress while ensuring a balance of private, group and common interests. The long history of interaction between society and the authorities of our state makes it possible to assess the posi- tive and negative consequences of using certain approaches in various periods of Russia’s development. It is concluded that effective modernization of public authority is possible only in alliance with civil society, relying on the spiritual, moral and state-legal traditions of Russia using the achievements of world state-legal science and practice, as well as modern technologies.